Surveillance in South Africa: From Skin Branding to Digital Colonialism


Paper by Michael Kwet: “South Africa’s long legacy of racism and colonial exploitation continues to echo throughout post-apartheid society. For centuries, European conquerors marshaled surveillance as a means to control the black population. This began with the requirements for passes to track and control the movements, settlements, and labor of Africans. Over time, surveillance technologies evolved alongside complex shifts in power, culture, and the political economy.

This Chapter explores the evolution of surveillance regimes in South Africa. The first surveillance system in South Africa used paper passes to police slave movements and enforce labor contracts. To make the system more robust, various white authorities marked the skin of workers and livestock with symbols registered in paper databases. At the beginning of the twentieth century, fingerprinting was introduced in some areas to simplify and improve the passes. Under apartheid, the National Party aimed to streamline a national, all-seeing surveillance system. They imported computers to impose a regime of fixed race classification and keep detailed records about the African population. The legal apparatus of race-based surveillance was finally abolished during the transition to democracy. However, today a regime of Big Data, artificial intelligence, and centralized cloud computing has ushered in a new era of mass surveillance in South Africa.

South Africa’s surveillance regimes were always devised in collaboration with foreign colonizers, imperialists, intellectuals, and profit-seeking capitalists. In each era, the United States increased its participation. During the period of settler conquest, the US had a modest presence in Southern Africa. With the onset of the minerals revolution, US power expanded, and American capitalists and engineers with business interests in the mines pushed for an improved pass system to police African workers. Under apartheid, US corporations supplied the computer technology essential to apartheid governance and business enterprise. Finally, during the latter years of post-apartheid, Silicon Valley corporations, together with US surveillance agencies, began imposing surveillance capitalism on South African society. A new form of domination, digital colonialism, has emerged, vesting the United States with unprecedented control over South African affairs. To counter the force of digital colonialism, a new movement may emerge to push to redesign the digital ecosystem as a socialist commons based on open technology, socialist legal solutions, bottom-up democracy, and Internet decentralization….(More).”

Ethical issues of crowdsourcing in education


Paper by Katerina Zdravkova: “Crowdsourcing has become a fruitful solution for many activities, promoting the joined power of the masses. Although not formally recognised as an educational model, the first steps towards embracing crowdsourcing as a form of formal learning and teaching have recently emerged. Before taking a dramatic step forward, it should be estimated whether it is feasible, sustainable and socially responsible.

A nice initiative, which intends to set a groundwork for responsible research and innovation and actively implement crowdsourcing for language learning of all citizens regardless of their diversified social, educational, and linguistic backgrounds is enetCollect.

In order to achieve these goals, a sound framework that embraces the ethical and legal considerations should be established. The framework is intended for all the current and prospective creators of crowd-oriented educational systems. It incorporates the ethical issues affecting the three stakeholders: collaborative content creators, prospective users, as well as the institutions intending to implement the approach for educational purposes. The proposed framework offers a practical solution intending to overcome the revealed barriers, which might increase the risk of compromising its main educational goals. If carefully designed and implemented, crowdsourcing might become a very helpful, and at the same time, a very reliable educational model….(More)”.

Understanding Bias in Facial Recognition Technologies


Paper by David Leslie: “Over the past couple of years, the growing debate around automated facial recognition has reached a boiling point. As developers have continued to swiftly expand the scope of these kinds of technologies into an almost unbounded range of applications, an increasingly strident chorus of critical voices has sounded concerns about the injurious effects of the proliferation of such systems on impacted individuals and communities.

Opponents argue that the irresponsible design and use of facial detection and recognition technologies (FDRTs) threatens to violate civil liberties, infringe on basic human rights and further entrench structural racism and systemic marginalisation. They also caution that the gradual creep of face surveillance infrastructures into every domain of lived experience may eventually eradicate the modern democratic forms of life that have long provided cherished means to individual flourishing, social solidarity and human self-creation. Defenders, by contrast, emphasise the gains in public safety, security and efficiency that digitally streamlined capacities for facial identification, identity verification and trait characterisation may bring.

In this explainer, I focus on one central aspect of this debate: the role that dynamics of bias and discrimination play in the development and deployment of FDRTs. I examine how historical patterns of discrimination have made inroads into the design and implementation of FDRTs from their very earliest moments. And, I explain the ways in which the use of biased FDRTs can lead distributional and recognitional injustices. I also describe how certain complacent attitudes of innovators and users toward redressing these harms raise serious concerns about expanding future adoption. The explainer concludes with an exploration of broader ethical questions around the potential proliferation of pervasive face-based surveillance infrastructures and makes some recommendations for cultivating more responsible approaches to the development and governance of these technologies….(More)”.

Regulatory Modeling for the Enhancement of Democratic Processes in Smart Cities


A Study Based on Crowdlaw—Online Public Participation in Lawmaking – by Marciele Berger Bernardes, Francisco Pacheco de Andrade and Paulo Novais: “The advent of Information and Communication Technologies (ICTs) brought a fast development of urban centers, and a debate emerges on how to use ICTs to enhance the development and quality of life in cities and how to make these more efficient. …

This way, along with the prominent literature and the experience of good international practices, we must recognize the need for an “intelligent” regulatory modeling thus being, we presented a contribution to building a new legal paradigm toward the enhancement of democratic processes in smart cities, structured on the postulates of Crowdlaw (collective production of the legislative process). Last, we believe that the contributions arising out of this work may fill some of the gaps existing in terms of legal theory production on the regulatory modeling for participative governance….(More)”.

A qualitative study of big data and the opioid epidemic: recommendations for data governance


Paper by Elizabeth A. Evans, Elizabeth Delorme, Karl Cyr & Daniel M. Goldstein: “The opioid epidemic has enabled rapid and unsurpassed use of big data on people with opioid use disorder to design initiatives to battle the public health crisis, generally without adequate input from impacted communities. Efforts informed by big data are saving lives, yielding significant benefits. Uses of big data may also undermine public trust in government and cause other unintended harms….

We conducted focus groups and interviews in 2019 with 39 big data stakeholders (gatekeepers, researchers, patient advocates) who had interest in or knowledge of the Public Health Data Warehouse maintained by the Massachusetts Department of Public Health.

Concerns regarding big data on opioid use are rooted in potential privacy infringements due to linkage of previously distinct data systems, increased profiling and surveillance capabilities, limitless lifespan, and lack of explicit informed consent. Also problematic is the inability of affected groups to control how big data are used, the potential of big data to increase stigmatization and discrimination of those affected despite data anonymization, and uses that ignore or perpetuate biases. Participants support big data processes that protect and respect patients and society, ensure justice, and foster patient and public trust in public institutions. Recommendations for ethical big data governance offer ways to narrow the big data divide (e.g., prioritize health equity, set off-limits topics/methods, recognize blind spots), enact shared data governance (e.g., establish community advisory boards), cultivate public trust and earn social license for big data uses (e.g., institute safeguards and other stewardship responsibilities, engage the public, communicate the greater good), and refocus ethical approaches.

Using big data to address the opioid epidemic poses ethical concerns which, if unaddressed, may undermine its benefits. Findings can inform guidelines on how to conduct ethical big data governance and in ways that protect and respect patients and society, ensure justice, and foster patient and public trust in public institutions….(More)”

Open data and data sharing: An economic analysis


Paper by Alevtina Krotova, Armin Mertens, Marc Scheufen: “Data is an important business resource. It forms the basis for various digital technologies such as artificial intelligence or smart services. However, access to data is unequally distributed in the market. Hence, some business ideas fail due to a lack of data sources. Although many governments have recognised the importance of open data and already make administrative data available to the public on a large scale, many companies are still reluctant to share their data among other firms and competitors. As a result, the economic potential of data is far from being fully exploited. Against this background, we analyse current developments in the area of open data. We compare the characteristics of open governmental and open company data in order to define the necessary framework conditions for data sharing. Subsequently, we examine the status quo of data sharing among firms. We use a qualitative analysis of survey data of European companies to derive the sufficient conditions to strengthen data sharing. Our analysis shows that governmental data is a public good, while company data can be seen as a club or private good. Latter frequently build the core for companies’ business models and hence are less suitable for data sharing. Finally, we find that promoting legal certainty and the economic impact present important policy steps for fostering data sharing….(More)”

Civil Liberties in Times of Crisis


Paper by Marcella Alsan, Luca Braghieri, Sarah Eichmeyer, Minjeong Joyce Kim, Stefanie Stantcheva, and David Y. Yang: “The respect for and protection of civil liberties are one of the fundamental roles of the state, and many consider civil liberties as sacred and “nontradable.” Using cross-country representative surveys that cover 15 countries and over 370,000 respondents, we study whether and the extent to which citizens are willing to trade off civil liberties during the COVID-19 pandemic, one of the largest crises in recent history. We find four main results. First, many around the world reveal a clear willingness to trade off civil liberties for improved public health conditions. Second, consistent across countries, exposure to health risks is associated with citizens’ greater willingness to trade off civil liberties, though individuals who are more economically disadvantaged are less willing to do so. Third, attitudes concerning such trade-offs are elastic to information. Fourth, we document a gradual decline and then plateau in citizens’ overall willingness to sacrifice rights and freedom as the pandemic progresses, though the underlying correlation between individuals’ worry about health and their attitudes over the trade-offs has been remarkably constant. Our results suggest that citizens do not view civil liberties as sacred values; rather, they are willing to trade off civil liberties more or less readily, at least in the short-run, depending on their own circumstances and information….(More)”.

Inclusive Policymaking Tools: A COVID-19 Pandemic Case Study


Paper by Ans Irfan, Ankita Arora, Christopher Jackson and Celina
Valencia: “World Health Organization (WHO) estimates indicate the United States of America has the highest novel Coronavirus disease (COVID-19) burden in the world, with over 5 million confirmed cases and nearly 165,000 associated deaths as of August 14th, 2020 (WHO 2020). As the COVID-19 mortality and morbidity has disproportionately impacted populations who experience vulnerabilities due to structural issues such as racism (Laurencin and McClinton 2020; Lin II and Money 2020; Martin 2020; Kim et al. 2020), it has become increasingly necessary to take this opportunity and intentionally codify diversity, equity, and inclusion (DEI) practices in the policymaking process. To encourage and facilitate this, we synthesize existing literature to identify best practices that can not only be used to inform COVID-19-related public policy activities but will also continue to inform inclusive policymaking processes in the future. We identify specific tools for policymakers at all levels of government to better operationalize the DEI framework and enact inclusive, equitable public policies as a result….(More)”.

The survival of open government platforms: Empirical insights from a global sample


Paper by LucianaCingolani: “For a number of years scholars have theorized about a change of paradigm in the collaborative practices between governments and citizens as a result of the newly emerged many-to-many forms of connectivity. A vibrant agenda on open government has flourished since, with critical advances on the conceptual front, but much less empirical testing of its propositions.

This article makes use of a recognized typology of co-production initiatives in order to implement a Cox hazards survival analysis of 465 open government platforms from a global sample in 87 countries. Its main findings suggest that government-initiated collaborations have the lowest risk of termination and that citizen-to-government initiatives the highest. They also show that while internationally-exerted pressure for openness favors the genesis of open government platforms, it does not affect their survival chances…(More)”.

Responsive Science


Paper by Peter Drahos: “Regulatory capitalism depends heavily on science, but science faces epi-stemic critiques and crises of research integrity. These critiques and crises are outlined and then located within capitalism’s general tragedy of commodification. Drawing on Marx’s insights into the relationship between science, commodity production, and the machine age, the general tragedy of commodification is outlined. From here, the article shifts to discussing some well-known global public good problems relating to access to medicines and access to knowledge. The roots of these problems can be traced back to the way the institution of science has been bent toward processes of capital accumulation. The evidence we have from the history of science suggests that too often its research agendas have been set by capital and the demands of war-making capitalist states. The final part of the article considers whether the ideal of responsiveness might help us to reformulate the way in which we think about the responsibilities and duties of science. It focuses on human rights, citizen science, and the intellectual commons as potential sources of responsiveness. Responsiveness has been a fertile ideal for law and society theorists when it has come to theory building in law and regulation. It also has something to offer the debates around the crises of science….(More)”.